General Chat Thread, OFSTED "Right to Work" Evidence in General; Does anyone know what the official position is on OFSTED requiring the school to keep a copy of your passport ...
30th November 2009, 01:19 PM #1
OFSTED "Right to Work" Evidence
Does anyone know what the official position is on OFSTED requiring the school to keep a copy of your passport on file if you were employed after 1996?
Our school are chasing staff up for copies of their passport at the moment, and a number of us aren't overly happy about the school keeping a copy of this on file!
Can anyone point to any specific information on whether the school are legally required to have a copy, or if they just need to show they've seen a copy/proved right-to-work in another way?
Surely the fact we have an NI number is proof enough?
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30th November 2009, 01:21 PM #2
Don't know, but as far as I know we haven't been asked to produce ours. They'd be out of luck with me anyway as I don't have a passport.
30th November 2009, 01:26 PM #3
NI numbers are apparently handed out like sweets and prove sweet fa about your right to work! Ive had this conversation a few times already!!
Ive made sure ours are stored in a nice hidden trucrypt container on our server with a huge long password that lives in the safe which is signed in and out.
30th November 2009, 01:27 PM #4
Are you sure that it is specifically your passport, or just that they require evidence that the school has made some form of check that you are entitled to work etc?
We certainly don't hold copies of passports (unless i've missed it and also not been required to produce it), but we do have to hand over original copies of birth certificate, utility bill, driving license etc prior to employment. These are then recorded as evidence and sent off at the same time as a CRB.
Our Personnel Officer keeps all of this information in SIMS and on a seperate spreadsheet for the purpose of audit and OfSTED.
30th November 2009, 01:35 PM #5
We have just been asked to do that here, apparently OfSTED put you straight into special measures if your safeguarding is not up to date, so we are going through forests to ensure we have all the evidence in triplicate!
30th November 2009, 01:39 PM #6
They shouldn't need a photo-copy, just the passport number if they need a passport. Proof of a passport can be achieved by two people signing a document containing the passport number (CRB's do this). I would say they do not need your passport at all (other than for CRB), and can use your NI number.
You may want to check out Data Protection Act (DPA) 1998, data protection policy - ICO for infomation - it's good clear and consice, and from the top. Also check out Data Protection Act 1998 (c. 29) , particually principles 2,3 and 5.
30th November 2009, 01:44 PM #7
We've been going through this too..
If you don't have a valid passport then a copy of your full birth certificate and proof of NI number...
the UK boarder agency is also saying that they have to copy EVERY page of your passport, even if its blank.
I'm sure that there was something that i signed when applying for my passport saying that it must not be photocopied under any circumstances.
30th November 2009, 02:00 PM #8
One possible reason they could ask for this as proof is that it contains your citizenship details IE if your a UK or EEC pasport then you have the automatic right to work in this country. For others a passport may be stamped with a visa, showing you have the right to remain in the UK. But you dont have to give them this as proof. A birth cert. will do (if you have one accessible) as will a citizenship document or a visa or a work permit. A passport is the EASYist way for you and them to prove this. But i dont think they need a photocopy, just recorded proof that 2 people have seen it.
30th November 2009, 02:47 PM #9
My finance office told me this:
"CRB are not sufficient now due to the introduction of the Single Central Register and the need to record the reference numbers on all documnets used to verify the persons identity. These documents/photocopies are to be kept for at least 3 years after the person leaves their position with school. Previously we were strictly prohibited from keeping these documents"
Ofsted demand this as part of the new framework I've been informed...
30th November 2009, 02:50 PM #10
Hmm your emploers are the school/la not Ofsted it's your employers who have to prove they have seen your right to work in the UK if the border force come knocking to avoid them being fined?
30th November 2009, 03:11 PM #11
If this the 'defence' against prosecution for hiring illegal workers then:
1) Collecting the information is required before a person has been employed is not a defence.
2) They cannot be fined if you are British anyway, regardless of whether they have gathered the evidence.
30th November 2009, 03:33 PM #12
My school has gone mental on this, gathering an insane amount of information under the instructions of our lea. I mean we are forced to go as far as to photocopy each page of the passport.. thats right including blank pages and the front cover..
30th November 2009, 03:36 PM #13
Challenge them under the data protection act and ask them why they could possibly require a copy of your Visa stamp to North Korea, how they are going to use that data and how they will be keeping it secure!
Originally Posted by apeo
30th November 2009, 04:45 PM #14
That's the question... are we forced to go with it? Can they legally require us to give them a copy of every page of our passport? At which point does their request to store information on us stop being a requirement.
Originally Posted by apeo
30th November 2009, 04:47 PM #15
I just don't see how it's got anything to do with Ofsted?
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